Theft by Deception Charges

Getting charged with theft by deception can be scary. Let’s break down what it means, the penalties, and potential defenses so you understand your options.

What is Theft by Deception?

Theft by deception is when someone obtains property or services through intentional deception. It involves lying, creating a false impression, or hiding information to get something of value from someone else.

Some examples are:

• Writing bad checks or stopping payment on a check after receiving goods or services
• Using someone else’s credit card without their permission
• Pretending to be an employee to receive employee discounts
• Lying about your income to get a loan or qualify for benefits

The key is that the person intentionally misleads the victim to get something out of it. If they just made a mistake or got confused, that wouldn’t be considered theft by deception.

What Are the Penalties for Theft by Deception?

The penalties really depend on the specific circumstances of the case. Some factors are:

• Value of what was stolen – higher value means more serious charges
• Defendant’s criminal history – repeat offenders get hit harder
• State laws – penalties vary widely across different states

But in general, theft by deception involving smaller amounts may be charged as a misdemeanor. The penalties could include:

• Up to 1 year in jail
• Fines up to $1000
• Probation

For larger amounts or repeat offenses, theft by deception is often charged as a felony. Then you’re looking at:

• Years in prison
• Fines up to $10,000+
• Longer probation periods

Restitution is also common, requiring the defendant to repay what they stole.

What Are Some Common Defenses?

There are a few strategies a defense attorney may use to fight theft by deception charges:

Claim There Was No Intent to Deceive

The main element of these charges is intentional deception. The defense would argue the defendant did not mean to mislead anyone – it was an honest mistake. Maybe they forgot to update their income on a loan application. Or they didn’t realize the credit card was expired.

Attack the Value of What Was Obtained

The defense might try to minimize the value of what was stolen to get the charges reduced. For example, arguing a $500 item shoplifted was really only worth $200 retail.

Claim the Defendant Was Entitled

In some cases, the defendant may claim they were entitled to the property or services. Like if it was a transaction between family members or an informal agreement.

Procedural Issues

The defense may attack the investigation itself if there were procedural errors. Like if evidence was obtained illegally or if the defendant’s rights were violated.

What Happens at Trial?

If the case goes to trial, the prosecution has to prove these key elements beyond a reasonable doubt:

• The defendant intentionally deceived the victim
• They obtained property or services from the victim
• Their deception directly caused the victim to give them something of value

The prosecution would present evidence like financial records, surveillance footage, receipts, recovered stolen goods, etc.

Eyewitness testimony from the victim is also powerful. They can explain how the defendant deceived them and what was stolen.

Expert witnesses may also be used in complex financial cases to follow paper trails or provide evaluations.

The defense will try to undermine the prosecution’s evidence and raise reasonable doubt. They may present alibis, character witnesses, or financial records of their own. The defendant may choose to testify on their own behalf.

It ultimately comes down to the jury deciding if the evidence proves guilt beyond a reasonable doubt.

What Are the Long-Term Consequences?

Being convicted of theft by deception can disrupt your life long after the court case ends. Some consequences include:

• Having a criminal record that shows up on background checks for jobs, housing, etc.
• Difficulty getting approved for loans or lines of credit if finances were involved
• Potential loss of professional licenses if it was related to your work
• Deportation issues for non-citizens
• Strained personal relationships due to betrayal of trust

The judge may also impose conditions like probation, community service, or counseling that require continued check-ins even after release.